01/24/2015 12:18 EST | Updated 03/25/2015 05:59 EDT

DeAnn Foreman claims she was fired for taking medical leave

An Abbotsford woman who claims she was fired for taking medical leave has filed a complaint with the B.C. Human Rights Tribunal.

DeAnn Foreman is an employee of Positive Living Fraser Valley Society, a not-for-profit organization, for two years, but hasn't been able to work since she was injured in a car crash in late August.

She suffered a concussion and a strained muscle in her back.

"I started having problems with simple things. Like, I would be in the shower and I couldn't remember whether I'd washed my hair," Foreman said. 

She said she provided her employer with her doctor's note stating she couldn't go back to work because of her injuries.

But the response from her employer took her aback. 

"She's writing me a letter saying if you're not back by the end of the month, we're not holding your position for you. Which was kind of a shock to me when I got it a couple of days later. I was like, what?"

Foreman has filed a complaint with the human rights tribunal, claiming she is being discriminated against because of a physical disability. She expects a ruling in the coming weeks on whether the case will go ahead.

In a written statement, Positive Living Fraser Valley Society's executive director says she has not received any documentation from the human rights tribunal, legal counsel for Foreman or from Foreman herself. 

"Whether or not the particular illness or injury constitutes a disability under the code is not always easy to determine," says Kevin Hyde, a motor vehicle accident lawyer at McQuarrie Hunter.

"There's a large grey area between what is temporary illness or injury and what is in fact categorized as a disability under the B.C. Human Rights Code."

Meanwhile Foreman said she misses her work, but says she would never go back to her old employer.

She says she cannot comment until she knows the exact nature of the complaint, but will take any complaint she receives seriously.